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NECA-IBEW ROCKFORD LOCAL UNION v. A & A DRUG CO.

No. 12-3070.

736 F.3d 1054 (2013)

NECA-IBEW ROCKFORD LOCAL UNION 364 HEALTH AND WELFARE FUND, Plaintiff-Appellant, v. A & A DRUG COMPANY, a Nebraska Corporation doing business as Sav-Rx Prescription Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 25, 2013.

Attorney(s) appearing for the Case

Peter J. Flowers , Ted A. Meyers , Attorneys, Meyers & Flowers, LLC, St. Charles, IL, Craig Steven Mielke , Attorney, Foote, Mielke, Chavez, & O'Neil LLC, Geneva, IL, for Plaintiff-Appellant.

Edward King Poor , Attorney, Quarles & Brady LLP, Chicago, IL, for Defendant-Appellee.

Before WOOD, Chief Judge, and KANNE and TINDER, Circuit Judges.

PER CURIAM.

The issue in this case is whether the parties must arbitrate their dispute. The NECA-IBEW Health and Welfare Fund is a trust fund that provides health benefits to members of Rockford Local 364, a union of electrical workers. The Fund negotiated an agreement (which we will call the Local Agreement) with Sav-Rx, a provider of prescription-drug benefits. Under the Local Agreement, Sav-Rx reimburses pharmacies for dispensing medication and then invoices the...

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